Wilson v. J. McDonald, et.al.

Filing 5

ORDER OF DISMISSAL. Plaintiff was advised to file a complete application, enclosed, within thirty days to avoid dismissal of the action. The deadline has since passed, and Plaintiff has not filed a complaint nor an IFP application. Accordingly, this case is DISMISSED without prejudice for failure to file a complaint and for failure to pay the filing fee. Signed by Judge Edward J. Davila on 7/12/2012. (ecg, COURT STAFF) (Filed on 7/13/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 IN RE DANNIE WILSON, Plaintiff. 11 For the Northern District of California United States District Court 10 12 ) ) ) ) ) ) ) ) No. C 12-02803 EJD (PR) ORDER OF DISMISSAL 13 14 On June 1, 2012, Plaintiff filed a letter complaining of prison conditions 15 which the Clerk of the Court construed as an attempt to file a complaint pursuant to 16 42 U.S.C. § 1983. On the same day, the Clerk sent Plaintiff a notice that he must 17 submit a complaint within thirty days of the notice to avoid dismissal of the action, 18 and provided a copy of the court’s form complaint. (Docket No. 3.) The Clerk also 19 sent Plaintiff a separate notice that his complaint was deficient because he had 20 neither paid the filing fee nor filed an In Forma Pauperis (“IFP”) Application. 21 (Docket No. 2.) Plaintiff was advised to file a complete application, enclosed, 22 within thirty days to avoid dismissal of the action. (Id.) 23 The deadline has since passed, and Plaintiff has not filed a complaint nor an 24 IFP application. Accordingly, this case is DISMISSED without prejudice for failure 25 to file a complaint and for failure to pay the filing fee. 26 27 DATED: 7/12/2012 EDWARD J. DAVILA United States District Judge 28 Order of Dismissal 02803Wilson_dism-noncompl.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE DANNIE WILSON, Case Number: CV12-02803 EJD Plaintiff. CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 7/13/2012 That on , I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Dannie Wilson J-04486 Donovan State Prison P. O. Box 799001 San Diego, CA 92179 Dated: 7/13/2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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